Here’s What To Know About Trump’s Document Controversy That Led To Mar-A-Lago Raid

Breaking Business Here’s What To Know About Trump’s Document Controversy That Led To Mar-A-Lago Raid Alison Durkee Forbes Staff New! Follow this author to stay notified about their latest stories. Got it! Aug 9, 2022, 10:16am EDT | Share to Facebook Share to Twitter Share to Linkedin Topline The FBI executed a raid on former President Donald Trump’s Mar-a-Lago estate on Monday, the ex-president confirmed , an explosive step that came after months of increasing scrutiny into the boxes of White House documents that Trump took with him to Florida after his presidency ended and questions over whether that violated federal law. The entrance to former President Donald Trump’s Mar-a-Lago estate on Aug.

8 in Palm Beach, Florida. Copyright 2022 The Associated Press. All rights reserved Key Facts The National Archives said in February that it had “arranged for the transport of” 15 boxes of White House documents from Mar-a-Lago that should have been turned over to the Archives and never left Washington, D.

C. —which included “classified national security information. ” Trump reportedly held on to the documents for months and only turned them over when he was threatened with legal action, multiple outlets report .

Trump’s removal of the documents could violate the Presidential Records Act, which requires documents to be preserved and turned over to the Archives, along with a federal statute prohibiting “willfully and unlawfully conceal[ing] , remov[ing], mutilat[ing], obliterat[ing], or destroy[ing]” any government property. The Archives reportedly asked the Department of Justice to investigate Trump taking the recovered documents to Mar-a-Lago in February and the agency was probing the matter by April, the Washington Post reported at the time, and a grand jury was convened in the case and issued subpoenas as of May. Investigators reportedly traveled to Mar-a-Lago in June seeking more information about the documents and where they were being stored, CNN reports , and Trump aides were interviewed in April and May in connection with the probe.

The raid conducted on Monday was to ensure that there weren’t any documents still left at Mar-a-Lago that the FBI hadn’t recovered, a source familiar with the investigation told CNN—noting agents took “boxes of items” with them—and Trump’s son Eric Trump said on Fox News he was told “the National Archives wanted to … corroborate whether or not Donald Trump had any documents in his possession. ” What We Don’t Know What punishments Trump will face, if any. The Presidential Records Act doesn’t actually have an enforcement mechanism and thus wouldn’t result in any charges against Trump if he violated it, legal experts told CNN .

The federal statute prohibiting the removal or destruction of government property carries a punishment of a fine and up to three years in prison. It also specifies whoever violates it should be barred from holding public office—but it’s unclear whether that applies to the presidency and many legal experts believe it would not, and the issue is likely to get litigated in court if Trump is charged for violating that statute. It’s also still possible that Trump could face other charges in connection to the documents, CNN notes , such as obstruction of justice, which could carry harsher penalties.

Surprising Fact The timing of the raid may have been related to an FBI rule that advises against “politically sensitive moves” within 90 days of an election, former prosecutor Elie Honig told CNN . The next election is on November 8, 92 days after the raid took place on Monday. Chief Critic Trump has strongly opposed the FBI raid on his home and denied any wrongdoing.

​“Nothing like this has ever happened to a President of the United States before,” Trump said Monday. “After working and cooperating with the relevant Government agencies, this unannounced raid on my home was not necessary or appropriate. ” Key Background Trump issued a statement Monday night announcing the FBI had raided Mar-a-Lago that day, with later reports and Eric Trump confirming the probe was centered on the documents he had brought with him to the estate.

Obtaining federal search warrants like the one that FBI agents would have needed to search Mar-a-Lago require a judge to agree that there’s probable cause of a crime and that there would be evidence at the place being searched. The New York Times notes it’s likely high-ranking officials at the DOJ, such as Attorney General Merrick Garland, would also have had to sign off on the raid for it to go forward. Former federal prosecutor Barbara McQuade told Bloomberg the raid appeared to be the first time a warrant has ever been executed for a former president’s home, noting, “Even President Nixon received a subpoena for his recordings.

” The episode came as Trump comes under broader legal scrutiny, however, with the DOJ also investigating the January 6 attack on the Capitol building and the events leading up to it—a probe that’s reportedly increasingly focusing on Trump himself and his actions following the 2020 presidential election. Further Reading FBI Agents Search Mar-A-Lago In ‘Unannounced Raid,’ Trump Says (Forbes) Assessing Trump’s risk if he mishandled White House documents (CNN) What we know, and what we don’t know, about the FBI’s raid on Donald Trump (Vox) Grand Jury Investigating Trump’s Transfer Of White House Records To Mar-A-Lago, Report Says (Forbes) National Archives Says It Found ‘Classified National Security Information’ In Boxes At Mar-A-Lago (Forbes) Follow me on Twitter . Send me a secure tip .

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